Detailed answer — step‑by‑step under West Virginia procedures

1. Confirm ownership type and shares

Determine how title is held: joint tenancy with right of survivorship, tenancy in common, or ownership through a trust or the parents’ probate estate. A joint tenancy with survivorship usually passes to the surviving co‑owner(s) on death and cannot be partitioned as tenancy in common. If the property is in probate or a trust, different rules apply. Look at the deed, the will, and any trust documents.

2. Try to resolve the dispute before filing

Send a clear written demand proposing sale or buyout and offer mediation. Courts expect parties to attempt settlement first when reasonable. Mediation or an agreed appraisal often saves time and money.

3. Documents to gather before filing

• Current deed and chain of title.
• Mortgage and lien information (payoff statements if mortgages exist).
• Property tax bills and parcel identification.
• Any trust or probate paperwork that affects ownership.
• Evidence of attempts to resolve the dispute (emails, letters).

4. Where to file

File a partition complaint in the West Virginia Circuit Court for the county where the real estate is located. The West Virginia Judiciary website explains circuit court functions and local filing procedures: https://www.courtswv.gov/.

5. What the complaint must say

The complaint should identify the property by legal description, name all co‑owners and their claimed shares, and ask the court for partition or, if partition in kind is impracticable, for an order of sale and distribution of proceeds. The complaint must properly name and serve all persons with an ownership interest.

6. Service and initial court steps

After filing, you must serve the complaint and summons on the co‑owners and any mortgage holders or lien claimants. The court sets hearings. Defendants may answer and raise defenses (for example, claiming full ownership or asserting that a trust or probate proceeding controls).

7. Partition in kind vs. partition by sale

The court will consider whether the land can be divided physically (partition in kind). If physical division is impracticable or would prejudice the owners (e.g., splits a house), the court typically orders a sale. The court may appoint commissioners or an appraiser to value and attempt to divide the property. If appointed, commissioners prepare a report for the court.

8. Buyout option

A co‑owner who wants to keep the property may offer to buy the others’ shares. The court may allow a buyout by using the appraisal or the commissioners’ valuation as the buyout price. If the co‑owner cannot pay immediately, the court sometimes approves a payment plan or requires posting security; practices vary by county and judge. If you prefer a buyout, state that request in your pleadings and be prepared to show a reliable valuation.

9. Sale, liens, and distribution of proceeds

If the court orders sale, the property generally sells at public auction (commissioners or sheriff oversee sale). Sale proceeds first pay mortgages, liens, sale expenses, and taxes. Net proceeds go to owners in proportion to their ownership shares. If someone claims an ownership interest or encumbrance, address it early — creditors and mortgage holders have priority.

10. Timing and costs

Partition cases can take months to more than a year depending on complexity, title issues, contested defenses, and court calendar. Expect filing fees, service fees, appraiser or commissioner fees, sale costs, and attorney fees. If one party acted unreasonably, the court may allocate costs differently; local practice varies.

11. Special situations to watch for

• If the property is part of a deceased parent’s probate estate, the probate proceeding may control distribution and timing.
• If title is trustee-held, the trustee’s powers in the trust document may limit partition.
• If one owner lives in the house, the court may consider occupancy and payment of mortgage/taxes when allocating costs or buyout price.
• If minors or incapacitated persons have an interest, the court will take special protective steps.

12. Where West Virginia law is located

State statutes and titles that govern real property law appear on the West Virginia Legislature site. For statutes related to real property, start here:

https://code.wvlegislature.gov/title/37/

For court procedures and local filing information, consult the West Virginia Judiciary: https://www.courtswv.gov/. For procedural rules used in circuit courts, see the court rules page: https://www.courtswv.gov/rules/.

Helpful Hints

• Confirm how the deed is titled before taking steps. Ownership form (joint tenancy vs tenancy in common) changes remedies.
• Try mediation or a neutral appraisal first. A fair market valuation can make buyout offers credible and speed settlement.
• Get a current title report early to identify mortgages, liens, or easements that affect the sale and distribution of proceeds.
• If you want a buyout, prepare your financing options in advance (bank loan, personal funds, or seller financing) and present them to the court if needed.
• Document all communications and settlement offers. Courts look favorably on parties who attempt resolution before filing.
• Expect the sale to satisfy senior liens first. If the mortgage balance exceeds value, a forced sale can leave co‑owners with little or no net proceeds.
• Consider tax consequences: selling the property or receiving sale proceeds can trigger capital gains or other tax issues. Consult a tax advisor.
• If your parents’ home is in a trust or still in probate, consult the applicable fiduciary or probate counsel before filing a partition action.